- Law & Policy
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Eugene Volokh and Jane Bambauer examine the groundbreaking Robby Starbuck v. Google case, one of the first major defamation lawsuits arising from generative AI "hallucinations." They explore whether AI-generated falsehoods can constitute libel, why Section 230 offers no protection for AI-generated content, and how traditional defamation law applies when an AI invents damaging allegations about a real person. The conversation also covers the legal standards for actual malice, the role of discovery, Delaware's unusually permissive pleading rules, and whether these lawsuits could reshape the future of AI development—or expose AI companies to a wave of costly litigation. If AI can invent facts, who should bear the responsibility? This episode tackles one of the most important legal questions facing artificial intelligence today.
Recorded on July 30, 2026.
ABOUT THE SERIES
Hoover Institution Senior Fellow Eugene Volokh is the co-founder of The Volokh Conspiracy and one of the country’s foremost experts on the 1st Amendment and the legal issues surrounding free speech. Jane Bambauer is a distinguished professor of law and journalism at the University of Florida. On Free Speech Unmuted, Volokh and Bambauer unpack and analyze the current issues and controversies concerning the First Amendment, censorship, the press, social media, and the proverbial town square. They explain in plain English the often confusing legalese around these issues and explain how the courts and government agencies interpret the Constitution and new laws being written, passed, and decided will affect Americans' everyday lives.
